Suit filed against law requiring parental notice

SAMANTHA GROSS WriterAssociated Press

Published Friday, June 24, 2005

TALLAHASSEE (AP) -- A new state law requiring physicians to notify parents when their minor daughters seek abortions could endanger the girls by delaying emergency treatment, claims a federal lawsuit filed Thursday.

The Center for Reproductive Rights and the Planned Parenthood Federation of America hope to block the law before it goes into effect July 1. It would affect girls 17 and under unless they are married or have already had a child.

The measure will require doctors to phone or meet with parents 48 hours before an abortion. If that's not possible, they can use certified mail 72 hours in advance.

In a medical emergency, doctors can bypass those limits to perform an abortion if they judge "there is insufficient time ... to comply with the notification requirements."

That could hurt girls suffering from preeclampsia, ectopic pregnancies and other dangerous conditions, said Janet Crepps, a lawyer for the New York-based Center for Reproductive Rights.

Sen. Paula Dockery, one of the bill's sponsors, defended the legislation, saying that the organizations' concerns had already been addressed in the careful wording of the bill.

"They're really reaching," said Dockery, R-Lakeland. "The law says just the opposite, that the doctor can make the determination that the young lady should not have to wait through the notification process because she has a medical emergency."

The measure also lets judges grant a waiver based on a patient's best interests, her level of maturity or if she has been a victim of abuse by her parents.

The suit, filed in U.S. District court in Tallahassee, also challenges a provision in the law that Crepps said could prevent young college students and other nonresidents from getting such a judicial waiver. Dockery disputed that claim.

Supporters also argued that the measure is needed to restore the rights of parents to be involved in their children's lives. Parental permission, they argue, is needed for even mundane things such as ear-piercing and taking an aspirin at school.

Gov. Jeb Bush, who signed the law last month, said he hopes it is upheld.